Title
An Ordinance authorizing the Mayor to execute the Real Property and Tower Site Lease Agreement with T-Mobile Central, LLC, for the monopole tower at 404 Woods Chapel Road
Body
Issue/Request:
The lease with T-Mobile for its cell service antenna on the monopole tower at 404 Woods Chapel Road has expired. T-Mobile Central, LLC. has requested the lease be renewed.
Key Issues:
The City and T-Mobile have worked out the key issues:
1. For access to the site, Lessee, agrees to provide prior written notice to the City of the date and time that all work pursuant to this Agreement will occur, along with a list of the names, addresses, and social security numbers of all contractors, subcontractors, and agents or employees of contractors or subcontractors, who will be performing work on behalf of Lessee pursuant to this Agreement.
2. Lessee agrees that all contractors, subcontractors, and agents or employees of contractors or subcontractors, engaged by Lessee to perform work on behalf of Lessee pursuant to this Agreement will execute a consent to the City authorizing the City to perform a criminal background check on each contractor, subcontractor, agent or employee performing work.
3. The City expressly reserves to itself the right to make any changes in the tower or tower operations that do not interfere with the use granted under this Lease Agreement pursuant to Exhibits B and C.
4. Lessee agrees none of its operations will interfere with the City’s use of its property or with any other tenant or lessee using this property. Nothing in this Lease Agreement shall constitute any further restriction on the City’s future use of this property.
5. For Lessee ability to assign the lease: Lessee may not assign this Lease Agreement to third parties without written approval from the Lessor which approval, in the case of the assignment to a wholly owned affiliate or subsidiary may not be unreasonably withheld.
6. For new equipment added to the site: Without prior written approval of Lessor, the Lessee shall not construct or permit to be constructed on the Property any new structures or make or permit to be made any additions to the monopole tower facilities, except in accordance with plan and specifications approved by the Lessor.
Proposed City Council Motion:
First Motion: I move for second reading an Ordinance authorizing the mayor to execute the Real Property and Tower Site Lease Agreement with T-Mobile Central, LLC. for the monopole tower at 404 Woods Chapel Road
Second Motion: I move for adoption of an Ordinance authorizing the mayor to execute the Real Property and Tower Site Lease Agreement with T-Mobile Central LLC. for the monopole tower at 404 Woods Chapel Road
Background:
T-Mobile and its predecessors have lease space on this tower and those leases have expired. The City is willing to continue the tenancy to allow T-Mobile to serve its customers in our community.
Presenter
Ed Rucker, Chief Counsel for Management and Operations
Recommendation
City staff recommends approval of this ordinance.